Hogan v. Citizens' Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City5 Circuit Court. — Hon.' James E. Withrow, Judge. (1) Plaintiff may charge in one count as many acts of negligence on the part of the defendant as he alleges caused the injury; and the lower court erred in striking from the petition the allegation that defendant was negligent in not providing the grip car with a fender. This error was repeated in the last instruction given on behalf of defendant. Hill v. Eailroad, 49 Mo.
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Appeal from St. Louis City5 Circuit Court. — Hon.' James E. Withrow, Judge. (1) Plaintiff may charge in one count as many acts of negligence on the part of the defendant as he alleges caused the injury; and the lower court erred in striking from the petition the allegation that defendant was negligent in not providing the grip car with a fender. This error was repeated in the last instruction given on behalf of defendant. Hill v. Eailroad, 49 Mo. App. 534, s. c. 121 Mo. 477; Senn v. Eail-road, 135 Mo. 519; Seiter v. Bischoff, 63 Mo. App. 157; Elliott on Eailroads, sec. 1157. (2) Where…
1Opinion of the CourtMarshall, J.
Damages for death of plaintiff’s child.
The plaintiffs as the father and mother of Floyd B. Hogan, sue the defendant, a corporation, operating a cable street railway in St. Louis, under section 4425, R. S. 1889, to recover five thousand dollars for the death of their minor child, a minor seven years of age, which occurred on the 5th of June, 1893, at the corner of Twelfth and Morgan streets, by being run over by one of defendant’s trains of cars, which was composed of a grip car and a trailer.
The petition charges four acts of negligence by defendant: 1st, Running the cars at a greater rate of…
2Cases cited16 opinions
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Murray v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Williams v. Kansas City, Springfield & Memphis RailroadSupreme Court of Missouri · 1888
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1888
- Dunkman v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1888
11 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Tesch v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1901
- Martin v. McGarrSupreme Court of Oklahoma · 1910
- State Ex Rel. Sharp v. KnightMissouri Court of Appeals · 1930
- Hornstein v. United Railways Co.Supreme Court of Missouri · 1906
- O'Keefe v. United Railways Co.Missouri Court of Appeals · 1907
16 more not listed; retrieve them via the Exa API.